Petition for Probate of Will and for Letters Testamentary (Rhode Island)

PETITION FOR PROBATE OF WILL AND FOR LETTERS TESTAMENTARY

Before filing: The Secretary of State publishes Form PC-1.5, Petition for Probate of Will. A probate court may require prescribed forms under R.I. Gen. Laws § 33-22-16. Check the filing court's requirements and use PC-1.5 if required.

PROBATE COURT OF THE [CITY/TOWN] OF [CITY/TOWN], STATE OF RHODE ISLAND

CAPTION AND CASE INFORMATION

1. PETITIONER INFORMATION

Name: [PETITIONER FULL LEGAL NAME]
Residence Address: [STREET ADDRESS], [CITY], [STATE] [ZIP CODE]
Telephone: [________________________________]
Email: [________________________________]
Capacity: Petitioner is the Executor named in the Last Will and Testament of the Decedent and petitions this Court to admit the Will to probate and to issue Letters Testamentary under R.I. Gen. Laws § 33-8-1.

Relationship of Petitioner to Decedent: [________________________________]

2. DECEDENT INFORMATION

3. JURISDICTION AND VENUE

a. The Decedent died testate on [__/__/____], leaving a Last Will and Testament dated [__/__/____] ☐ together with [____] codicil(s) dated [__/__/____].

b. Jurisdictional facts. The Decedent was domiciled in [CITY/TOWN], [STATE] at death. Additional facts supporting this Court's jurisdiction, if needed: [________________________________].

c. The Decedent left an estate within this Court's jurisdiction consisting of:

4. THE WILL OFFERED FOR PROBATE (R.I. Gen. Laws §§ 33-5-5, 33-7-5, 33-7-26)

a. The original Last Will and Testament of the Decedent dated [__/__/____] ☐ and codicil(s) dated [__/__/____] (the "Will") ☐ accompanies this Petition / ☐ has been delivered into this Court under R.I. Gen. Laws § 33-7-5 and is offered for probate.

b. Due execution (R.I. Gen. Laws § 33-5-5). The Will is in writing and signed by the Decedent (or by some other person for the Decedent in the Decedent's presence and by the Decedent's express direction); the signature was made or acknowledged by the Decedent in the presence of two or more witnesses present at the same time; and the witnesses attested and subscribed the Will in the presence of the Decedent.

c. Proof of will (R.I. Gen. Laws § 33-7-26). In the absence of objection by anyone interested in the estate, the Court may admit the Will upon (i) the oral testimony of any one subscribing witness as to due execution, or (ii) an affidavit of one or more subscribing witnesses stating the facts required to prove the Will, substantially in the statutory form. (Check one):
☐ The Will is accompanied by a subscribing-witness affidavit substantially in the form of § 33-7-26(3). In the absence of objection, the affidavit is offered as sufficient evidence of due execution.
☐ The oral testimony of a subscribing witness will be presented.

d. Subscribing Witnesses:

e. ☐ To Petitioner's knowledge, the Will has not been revoked and is the Decedent's last will.

5. DEVISEES, LEGATEES, AND HEIRS AT LAW

A. Devisees and Legatees named in the Will (beneficiaries):

B. Surviving spouse and heirs at law (persons who would take if the Decedent had died intestate):

Information required by § 33-22-2 for each minor or adjudged incompetent person listed above: Name of person: [____]; parents' names and post-office addresses, if a minor: [____]; guardian's name and post-office address, if any: [____]; name and post-office address of the person or institution having care or custody, if adjudged incompetent: [____]. Attach a separate sheet for each additional person.

☐ No heir at law is listed. Attached is my sworn affidavit describing the efforts made to locate heirs at law, as required by § 33-22-2(3)(i).

6. NOMINATION AND PRIORITY OF EXECUTOR (R.I. Gen. Laws § 33-8-1)

a. The Will nominates [PETITIONER FULL LEGAL NAME] to serve as Executor.

b. Under R.I. Gen. Laws § 33-8-1, upon the probate of a will the probate court shall issue Letters Testamentary to the executor named therein, if the executor is legally competent and gives bond as required by law.

c. Petitioner is legally competent to serve and is not otherwise disqualified.

d. Other executors named in the Will who are not parties to this petition, and their known or ascertainable mailing addresses (for the clerk's notice after probate under § 33-7-9): [________________________________].

7. BOND (R.I. Gen. Laws § 33-17-1)

a. ☐ Bond with surety. Petitioner will furnish bond with sufficient surety in the amount fixed by the Court under R.I. Gen. Laws § 33-17-1.

b. ☐ Bond without surety requested under § 33-17-4. The Will asks that the Executor serve without bond or surety. That direction exempts only surety; the Court may require surety at any time. Petitioner requests a bond without surety, subject to the Court's order.

c. Estimated amount of bond: $[________________].

8. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully requests that this Court:

a. Admit the Last Will and Testament of the Decedent (and any codicil) dated [__/__/____] to probate (R.I. Gen. Laws § 33-7-26);

b. Appoint Petitioner as Executor of the estate;

c. Issue Letters Testamentary to Petitioner upon qualification and the giving of bond (R.I. Gen. Laws § 33-8-1);

d. Fix bond under R.I. Gen. Laws §§ 33-17-1 and 33-17-4, with any testamentary surety exemption subject to the Court's authority;

e. Grant such other and further relief as is just and proper.

9. VERIFICATION

STATE OF RHODE ISLAND, COUNTY OF [COUNTY], ss:

I, [PETITIONER FULL LEGAL NAME], being duly sworn, depose and state that I am the Petitioner named above; that I have read the foregoing Petition; and that the statements contained therein are true and correct to the best of my knowledge, information, and belief.

Signature: ______________________________________

Printed Name: [PETITIONER FULL LEGAL NAME]

Subscribed and sworn to before me on [__/__/____].

______________________________________
Notary Public / Clerk of the Probate Court
My commission expires: [__/__/____]

10. CERTIFICATE OF SERVICE / NOTICE (R.I. Gen. Laws §§ 33-7-9, 33-22-11)

Notice by advertisement (R.I. Gen. Laws § 33-22-11). Where notice is required and no special provision is made, advertise once a week for at least two (2) weeks, with the first advertisement at least fourteen (14) days before the first hearing date. Use a newspaper designated by the probate court under that section.

Notice to executors (R.I. Gen. Laws § 33-7-9). If an executor named in the Will is not a party, the clerk, upon probate of the Will, must promptly notify that executor by mail if the post-office address is known or ascertainable.

☐ Proof of publication filed with the Court, if notice by advertisement was required.
☐ Applicable waiver(s) filed, if accepted by the Court.

Signature: ______________________________________
Printed Name: [PETITIONER / ATTORNEY NAME]
Rhode Island Bar No.: [________________] (if applicable)
Firm / Address: [________________________________]
Telephone / Email: [________________________________]

ATTACHMENTS CHECKLIST

☐ Original Last Will and Testament (and any codicil) — delivered into Court (§ 33-7-5)
☐ Form PC-1.5 — Petition for Probate of Will
☐ Witness affidavit (§ 33-7-26) or proof of subscribing witness
☐ Certified copy of Death Certificate, if required by the filing court
☐ Acceptance/Declination (Form PC-3.4, if applicable)
☐ Executor's Bond (§ 33-17-1)
☐ Notice of Commencement of Probate (Form PC-9.9), if applicable, and proof of advertisement if required (§ 33-22-11)
☐ Proposed order or decree, if required by the filing court
☐ Proposed Letters Testamentary, if required by the filing court
☐ Filing fee, as required by the filing court